Bedford County Board of Education

Transcription

1 Bedford County Board of Education Monitoring: Review: Annually, in February Descriptor Term: Family and Medical Leave Descriptor Code:.0 Rescinds:.0 Issued Date: // Issued: 0// 0 0 PURPOSE To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health condition. ELIGIBILITY Anyone who has been employed for at least twelve () months by the school system and anyone who has at least,0 hours of service (hours used for leave, even FMLA leave, shall not be credited for service for purposes of FMLA eligibility ) during the previous twelve-month period. GENERAL PRINCIPLES An eligible employee shall be granted, upon request, up to twelve () weeks unpaid leave during a fixed calendar year for the following reasons:. the birth of a child;. the placement of a child with the employee for adoption or foster care;. a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her job position;. the care of a spouse, child, parent, or next of kin of the employee who has a serious health condition; and. any qualifying circumstances arising out of the fact that a spouse, child, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the Armed Forces. Granting of leave under this policy shall be subject to, and in accordance with, the provisions of applicable federal and state laws. An employee may substitute accrued paid leave for unpaid time. Use of accrued paid leave shall run concurrently with and be counted toward the employee s total period of FMLA leave. MATERNITY/PATERNITY LEAVE. Relationship between FMLA leave and Tennessee Maternity Act leave FMLA leave shall run concurrently with leave provided under the Tennessee Maternity Act, which affords eligible employees leave for a period not to exceed four () months for the adoption, pregnancy, childbirth and nursing of a newborn child. Version Date: November, 0

2 Family and Medical Leave Act Teachers Sick Leave- In accordance with state law, upon written request of the teacher accompanied by a statement from the teacher s physician verifying pregnancy, any teacher who goes on maternity leave purposes during the period of the teacher s disability only, as determined by a physician. Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may also be allowed to use up to thirty (0) days of accumulated sick leave for adoption of a child. If both adoptive parents are teachers employed by the district, however, only one () parent is entitled to use such leave. Spouses who are both eligible employees of the school district are limited to a combined total of twelve () workweeks of FMLA leave in a single twelve () month period if the leave is taken for birth and care of a newborn child, for placement of a child for adoption or foster care, or to care for a parent who has a serious health condition. Under certain circumstances, spouses who share leave for the birth or adoption of a child may be eligible for limited amounts of additional leave for other qualifying FMLA reasons. LEAVE FOR A SERIOUS HEALTH CONDITION Eligible employees, upon request, shall be granted up to twelve () weeks of unpaid leave when he/she is unable to work because of a serious health condition or to care for an immediate family member with a serious health condition. Granting of such leave shall be subject to the provisions of applicable federal and state laws. Employees shall contact Human Resources to determine if the reason for leave qualifies as Family and Medical Leave. If the leave is forseeable, the employee shall give thirty (0) days notice. If the leave is not foreseeable, the employee shall notify Human Resources as soon as practicable generally, either the same or next business day. LEAVE FOR A SERIOUS HEALTH CONDITION Eligible employees, upon request, shall be granted up to twelve () weeks of unpaid leave when he/she is unable to work because of a serious health condition or to care for an immediate family member with a serious health condition. Granting of such leave shall be subject to the provisions of applicable federal and state laws. Employees shall contact Human Resources to determine if the reason for leave qualifies as Family and Medical Leave. If the leave is forseeable, the employee shall give thirty (0) days notice. If the leave is not foreseeable, the employee shall notify Human Resources as soon as practicable generally, either the same day or next business day. LEAVE FOR MILITARY FAMILY MEMBERS. Qualifying Exigency Leave Eligible employees are entitled to up to twelve () workweeks of leave because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee, as defined under the FMLA, is on active duty, or has been notified of an impending call to active duty, or has been notified of an impended call to active duty status, in the Armed Forces. Qualifying exigencies may include: a. issues arising from the service member s short notice deployment; b. military events and related activities (e.g. official ceremonies, support programs); c. making or updating financial and legal arrangements, attending counseling; d. taking up to fifteen () days leave to spend time with a covered service member who is on short-term rest and recuperation leave during deployment; or Page of

3 Family and Medical Leave Act e. attending post-deployment activities.. Military Caregiver Leave -An eligible employee who is the spouse, child, parent, or next of kin of a covered service member or covered veteran with a serious injury or illness is entitled to up to twenty-six () workweeks of leave in a single -month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A covered veteran is an individual who was a member of the Armed Forces at any time during the period of years preceding the date of the medical treatment, recuperation, or therapy that has a serious injury or illness who is currently receiving medical treatment, recuperation, or therapy. The calculation of this -year period shall not include the interval of October, 00 through March, 0. The single twelve () month period for leave to military caregiver leave begins on the first day the employee takes leave for this reason and ends twelve () months later. An eligible employee is limited to a combined total of twenty-six () workweeks may include no more than twelve () workweeks of leave that is taken for the birth and care of a newborn child, for placement of a child for adoption or foster care, for care of a parent who has a serious health condition, or for the employee s own serious health condition. INTERMITTENT LEAVE Eligible employees may take FMLA leave intermittently when medically necessary to care for a seriously ill family member, or because of the employee s own serious health condition, or for the care for a newborn, a newly adopted child, or a newly placed foster care child. When a licensed employee requests foreseeable leave for planned medical treatment and the employee would be on leave for greater than 0% of the total number of working days in the period during which the leave would extend, the school may require that such employee elect either to take the leave for periods of a particular duration, not to exceed the duration of the planned medical treatment or to transfer temporarily to an available alternative position offered by the school system for which the employee is qualified, and that has equivalent pay and benefits and better accommodates recurring periods of leave. RESTRICTIONS. Notice Requirements a. Employee Notice 0 - For foreseeable leave, the employee shall provide the superintendent of schools with at least thirty (0) days written notice before the beginning of the anticipated leave. b. District Notice- Once it has been established that the leave requested qualifies for FMLA, the superintendent of schools/designee shall notify the employee within three () business days (absent extenuating circumstances) that any leave taken pursuant to state leave statutes (paid vacation leave, personal leave, sick leave, or workers compensation) shall run concurrently with FMLA leave. The notice may be given Page of

4 Family and Medical Leave Act orally or in writing. If the notice is oral, it shall be confirmed in writing, no later than the following pay day.. Certification Requirement a. The superintendent may require that a request for leave be supported by certification issued by a health care provider with the following information: i. the date on which the serious health condition commenced; ii. the probable duration of the condition; iii. the appropriate medical facts within the knowledge of the health care provider regarding the condition; and iv. a statement that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed. b. If there is any reason to doubt the validity of the certification provided, the superintendent may require at the expense of the school system, an opinion of a second health care provider.. Period Near the End of an Academic Term (Professional Employees) a. If leave is taken more than five () weeks prior to the end of the term, the superintendent of schools may require the employee to continue taking leave until the end of the term if the leave is at least three () weeks of duration and the return of employment would occur during the three () week period before the end of the term. b. If the leave is taken five () weeks prior to the end of the term, the superintendent of schools may require the employee to continue taking leave until the end of the term if the leave is greater than two () weeks duration and the return to employment would occur during the two () week period before the end of the term. REQUIREMENTS OF THE BOARD. The employee shall be restored to the same position of employment or an equivalent position with no loss of benefits, pay or other terms of employment.. The employee shall be kept under any group health plan for the duration of the leave.. The Board may recover the premium paid under the following conditions: a. The employee fails to return from leave after the period of leave has expired. b. The employee fails to return to work for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee. Page of

5 Family and Medical Leave Act.0 Legal References.Hinson v. Tecumseh Products Co. 000 U.S. App. LEXIS, at *-0( th Cir. Oct., 000).Federal Family and Medical Leave Act, USCS 0, - Cross References Sick Leave.0 Long Term Leaves.0 FMLA Notification Form.0.(AP). TCA --0; TCA --0. TCA --0. CFR.0(a)(). CFR.. CFR.. CFR.. CFR.0 0. CFR CFR.0. OP Tenn. Atty Gen -00(Jan, ); Plant v. Morton International, Inc. F. d, ( th Cir. 000). CFR.0-.. CFR.0. U.S.C.A. Page of